Introduction and acknowledgements

AutorMaría José Cabezudo Bajo
Páginas21-26
Introduction and acknowledgements
One of the main challenges which states, the European Union (EU) and
the international community face today is improving their efforts to fight
serious crime, particularly organized crime and terrorism. To achieve this
objective at the national, EU, and international levels the relevant institutions
are adopting legislative measures which are taking into consideration various
scientific and technological advances. One of them, the forensic use of DNA
and DNA databases, is being regulated at the three aforementioned levels in
light of the potential this tool offers in the struggle against crime.
With regards to police DNA databases, at the national level they were first
regulated by the United Kingdom (1995), followed by at least 54 countries,
including the United States, Germany, Austria, Portugal, Hungary, France and
also Spain. In our country police DNA databases were regulated via Organic
Law 10/2007 of October 8, later set down in RD 1977/2008 of 28 November
governing the conformation and functioning of the National Commission for
the Forensic Use of DNA.
At the EU level the Prüm Convention (2005) was approved, which, fortu-
nately, European legislators incorporated into the EU legal system by virtue
of Decision 2008/615/JHA of 23 June 2008 on the strengthening of cross-bor-
der cooperation, particularly with regards to combating terrorism and
cross-border crime. Dubbed the “Prüm Decision,” it was enacted via Decision
2008/616/JHA of 23 June 2008 relative to the implementation of Decision
2008/615/JHA. But European legislators wished to make sharing profiles
between Member States contingent upon the existence of a high degree of
harmonized data protection, thus passing at the same time Framework Deci-
sion 2008/977/JHA of 27 November 2008 on the protection of personal infor-
mation handled in the context of police and judicial cooperation in criminal
matters.
Finally, the increase in transnational crime, especially organized crime
and terrorism, has spurred a large number of countries to cooperate at the
international level, exchanging DNA profiles through the INTERPOL’s data-
base and via bilateral agreements.
The aforementioned legislation essentially provides for automated con-
sultations and comparisons in databases, involving basically two types of
DNA profiles: firstly, identified or reference profiles, that is, those taken from
the body of the accused; and secondly, unidentified or anonymous types, that
is, DNA profiles left at the scene of a crime. Automated searches are designed

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